1.INTRODUCTION
1.1. Welcome to our Raja Lepak website (the “Site”), which is owned by Hive Marketing Sdn Bhd (the “Company”).
1.2. Before becoming a user of the Site, you must read and accept all the terms and conditions in these Terms of Use (the Agreement”) and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.
1.3. The Company reserves the right to change, modify, suspend, or discontinue all or any part of this Site or the services provided by this Site (the “Services”) at any time or upon notice as required by local laws. The Company may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services at its sole discretion and without notice or liability.
1.4. The Company reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.
BY USING THIS SITE AND ITS SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL POLICIES REFERENCED HEREIN AND/OR LINKED HERETO. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE.
2.ACCOUNTS AND SECURITY
2.1. Some functions of our Services require registration for an Account by submitting your email address (the “User ID”) and password, and by providing certain personal information.
2.2. You may be able to use your Account to gain access to other products, websites, or services to which we have enabled access of with which we have collaborated. The Company has not reviewed, and assumes no responsibility for any third-party content, functionality, security, services, privacy policies, or other practices of these products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Use and/or our Privacy Policy, may also apply to your use of those products, websites or services.
2.3. You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify the Company of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up to date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. The Company will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.
2.4. You agree that the Company may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, cancel any transactions associated with your Account and User ID, temporarily or in more serious cases permanently withhold any refunds, and/or take any other actions that the Company deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Use, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour, (d) having multiple user accounts, (e) voucher abuse (including, but not limited to, selling of vouchers to third parties, selling of vouchers or other credits at a significant markup above face value and/or abnormal or excessive use of vouchers on the Site), or (f) behaviour that is harmful to other Users, third parties, or the business interests of the Company. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening, or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, the Company may terminate your Account immediately with or without notice.
3.THE WEBSITE
3.1. Licence. Subject to the terms of this Agreement, the Company grants you a limited, non-transferable, non-assignable, non-exclusive, revocable licence to use the Site and Services for your personal and non-commercial use.
3.2. Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not licence, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof.
3.3. Modification. The Company reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof, except and if otherwise expressly set forth in Section 2.
3.4. No Support or Maintenance. You acknowledge and agree that the Company will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
3.5. Ownership. Excluding your User Content, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and Services are owned by the Company’s licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. The Company and its suppliers reserve all rights not granted in this Agreement.
4.PURCHASE AND PAYMENT
4.1. You may order any of the Products or Services offered by following the directions on the Site. The Company may change the pricing for any portion of the Products and Services from time to time at its sole discretion by updating the Site and without any additional notice to you. The Company may periodically send you discount coupons or vouchers at no additional cost to you.
4.2. Purchase of wallposts
i. All Content submissions for the purchase of wallposts are subject to approval by the Company.
ii. All Content submissions will required a minimum of 2 working days for processing.
iii. Publication of submissions are subject to available slots and will be published on a best-effort basis. The Company will not be held liable for any delays in publication.
iv. All Content submissions must comply with usage policies imposed by the respective social media platforms, such as Facebook and Instagram. The Company reserves the right to reject or edit any submission for the purpose of adhering to the policies.
v. All Content submissions must comply with existing laws in Malaysia, including but not limited to the Communications and Multimedia Act 1998, and the Copyright Act 1987. The Company reserves the right to reject any submission that contravene these laws.
vi. The Company reserves the right to reject any Content submission that does not meet the standards set by the Company.
4.3. The Company supports one or more of the following payment methods:
i. Credit Card. Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in.
4.4. If you order Products or Services, you agree to pay the then-current applicable price per product or service fee and any applicable shipping charges all as listed on the Site. You hereby authorise the Company to bill your credit card as described above. Fees are not inclusive of all taxes, levies, or duties imposed by taxation authorities. If there are taxes applicable taxes, we will impose it at checkout. If any fee cannot be charged to your credit card for any reason, the Company may provide you, via email, notice of such non-payment and a link for you to update your payment information. If such non-payment is not remedied within 7 days after receiving such noticed of non-payment, then the Company may immediately terminate the applicable order.
4.5. The Company takes no responsibility and assume no liability for any loss or damages arising from shipping information and/or payment information entered by you or wrong remittance by you in connection with the payment for the items purchased. We reserve the right to check whether you are duly authorised to use certain payment methods and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
5.COPYRIGHT AND TRADEMARK NOTICE
5.1. OUR/SERVICE PROVIDER’S CONTENT
i. We reserve the right to modify, add or delete any Content appearing on or in connection with the Service(s), at any time without prior notice.
ii. You agree that in the event of any suspected violation or infringement of any law or regulation, we may remove the submitted content from our social media assets and in the event a competent regulator or authority having jurisdiction requests for particulars in connection with your Content, we may disclose any such associated information including but not limited to any of your confidential information to the appropriate authority(s) if we are required to do so by law without any notice to you. You acknowledge and accept that we may preserve your Content and disclose it if we are required to do so by law or if it is necessary to enforce these terms and conditions, a court order or a decision of a competent public authority, respond to claims that any of your Content or the activity of your business violates the law or the third party’s rights.
5.2. YOUR CONTENT
i. You shall be responsible for all of your Content and for the accuracy, integrity, legality, reliability, appropriateness, quality and ownership of your Content.
ii. You should not submit Content that: (a) violates or infringes a third party’s rights of publicity, privacy, copyright, trademark or other intellectual property right; (b) misrepresents or misleads; (c) bullies, harasses or intimidates; (d) slanders, defames or libels; (e) is inaccurate or false; (f) spams other users; or (g) is in breach of any applicable law and regulations.
iii. By transmitting, uploading, posting or submitting any of your Content through the Service(s), you grant or have procured the permission to grant us and the relevant Service Providers a royalty-free, non-exclusive, perpetual worldwide licence to use, distribute, modify, reproduce, publish and host your Content in any form anywhere. In addition, you authorize us and the relevant Service Providers to create derivatives of your Content on your behalf to post online, expose to search engines and syndicate to directories and other websites and services, to such extent as we and the relevant Service Providers in our absolute discretion, deem advisable in order to deliver the Service(s).
6.DISCLAIMERS
6.1. The Services are provided “as is” and “as available” and without any warranties, claims or representations made by the Company of any kind either expressed, implied or statutory with respect to the Services, including, without limitation, warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance or trade usage. Without limiting the foregoing and to the maximum extent permitted by applicable law, the Company does not warrant that the Services, this Site or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Site and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
6.2. The Service to publish wallposts on social media platforms is provided on a first come first served basis. The Company shall not be held liable for and makes no express or implied representation or warranties of any kind in relation to the Service. All warranties, conditions, representations, indemnities, and guarantees with respect to the Service, whether express or implied, arising by law, custom, prior oral or written statements by Hive Marketing Sdn Bhd, or otherwise (including, but not limited to any warranty of merchantability, satisfaction, fitness for particular purpose or non-infringement) are hereby overridden, excluded and disclaimed.
6.3. You acknowledge that the entire risk arising out of the use or performance of the Site and/or the Services remains with you to the maximum extent permitted by applicable law.
7.EXCLUSIONS AND LIMITATIONS OF LIABILITY
7.1. To the maximum extent permitted by applicable law, in no event shall the Company be liable whether in contract, warranty, tort (including, without limitation, negligence (whether active, passive or imputed), product liability, strict liability or other theory), or other cause of action at law, in equity, by statute or otherwise, for:
i. (a) loss of use; (b) loss of profits; (c) loss of revenues; (d) loss of data; (e) loss of good will; or (f) failure to realise anticipated savings, in each case whether direct or indirect; or
ii. any indirect, incidental, special or consequential damages, arising out of or in connection with the use or inability to use this Site or the Services, including, without limitation, any damages resulting therefrom, even if the Company has been advised of the possibility of such damages.
7.2. You acknowledge and agree that your only right with respect to any problems or dissatisfaction with the Services is to request for termination of your account and/or discontinue any use of the services.
7.3. In the event the Content submitted by you is not published on the confirmed date and/or time, the Company will not be liable for consequential, incidental, punitive, special, exemplary, or indirect damages. Lost profits or penalties of any nature are hereby waived. The Company reserves the right to publish the Content at another date or offer a full refund.
7.4. Nothing in these Terms of Use shall limit or exclude any liability for death or personal injury caused by the Company’s negligence, for fraud or for any other liability on the part of the Company that cannot be lawfully limited and/or excluded.
8.INDEMNITY
8.1. You agree to indemnify, defend and hold harmless the Company against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of or conduct at the Site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Site, your breach of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to the Site.
